Could do with some advice re: CST LAW ‘Unpaid Debt’

Franticday

Hello all. I could really do with some advice.
My 80 year old father has received a letter from a company called CST Law,  acting on behalf of a company called Smart Parking Limited.
The letter is for a supposedly unpaid debt of £170.
Basically, it threatens to take him to court if not paid.
My father had no idea what it’s about. I have contacted the company and they are saying it’s from a Parking Charge Notice which Smart Parking Limited issued my father with back in the summer of 2021 for overstaying the allocation allowed parking time (by 20 minutes) in a local retail park.
Luckily, my father keeps all his receipts. We have gone back on that day and it was when they (father and my mother) did their weekly food shop in the Morrison’s which is situated in the retail park. It appears they stayed 20 mins over the allotted time.
My father is 80 and my mums carer, she is 79, disabled and has Alzheimer’s, getting round a supermarket isn’t a five minute job for them. They also always park in a disabled parking bay displaying mums disabled blue badge. They also usually go in the cafe for a drink before/after their shop as it whacks mum out.
The company are saying they have posted several ‘parking notices’ since the original fine, which at the time was £60, this has now escalated to £170. Obviously nothing was sent recorded delivery as dad has not signed for anything. We have no way of knowing if these other letters have genuinely been posted to their address or not, the only thing we can think is that mum has thrown the notices away as she does often think that a lot of post is junk mail and if dad is in the garden or having a wash extra when the post comes she has a tendency to throw them away.
My dad is in a real state about this, he isn’t in the best of health himself and is really stressing that he’ll end up in court unless he pays this fee.
I think he will need to pay it for his own peace of mind but I am rather annoyed that he has a now, much higher charge when he was totally unaware of the original one of £60.  Also annoyed that they parked in this car park for a genuine reason ie for their weekly shopping and we have proof of this with the receipt.
What an awful world we live in where elderly/disabled people are penalised for pootling around a supermarket.
I don’t suppose there is anything we can do about it is there? Just suck it up and pay the fee?
Any advice most welcome, thank you, Becky

patient_dream

Welcome to the world of money scammers.  I fully understand the stress for your dad but there are a lot of things you can do and one of them is NOT to pay.

Firstly though and this is a serious question ...... who are CST asking you to pay, is it them, Smart or a rogue trader called DRP ??   And your dad does NOT owe £170, it's a money scam

Le_Kirk

Two questions: -
1.  Is your Father's V5C up-to-date with current address?  If not, it needs doing asap as that could be why no letters were received.
2.  Has your Father (or you on his behalf) complained bitterly to the supermarket that some of their long-time, loyal customers are being targeted for daring to spend time and money in their store?  This is Plan A in the NEWBIE sticky which I suggest you read now as it will likely calm your Father (and you) down.  The store should know that disabled customers and especially those with a blue badge, require and should be given, more time to go about their shopping activities.

Franticday

I contacted Morrison’s but as the supermarket is on a small retail park with 5 other stores they said there was nothing they could do!

My dads V5C is up to date I imagine it’s more likely that my mum has disposed of any previous letters as she has done this before, we now have a new ‘system’ in place for post.
This letter is from CST LAW saying they have ‘been instructed by Debt Recovery Plus Limited as the agent of Smart Parking Ltd, in relation to the above debt’!

patient_dream

Franticday said:

I contacted Morrison’s but as the supermarket is on a small retail park with 5 other stores they said there was nothing they could do!

My dads V5C is up to date I imagine it’s more likely that my mum has disposed of any previous letters as she has done this before, we now have a new ‘system’ in place for post.
This letter is from CST LAW saying they have ‘been instructed by Debt Recovery Plus Limited as the agent of Smart Parking Ltd, in relation to the above debt’!

You are not alone with this rubbish from CST Law.  I have said the following so many times on this forum, it has become a bore for most of us.

1: DRP CANNOT INSTRUCT CST LAW as the so called debt does not belong to them. Only Smart can instruct a legal.  Parking companies CANNOT sell debts to DRP
2: CST and DRP ARE MATES and this is a blatant attempt to scam your dad and include their mates in the bounty collected.  DRP ARE A NOTHING and CST are lying to you
3: CST also lie about the parking ticket. There is no such thing as a £170 parking ticket .. IT'S A FAKE

CST tried this lark in Scotland last year with another parking company. The advice then was to contact your MP with a copy of the letter.  They must have sent out thousands of these letters sent out,much the same as the letter you received and it STOPPED and CSTLaw who trade as CREDIT STYLE were reported to the SRA. The Solicitors Regulation Authority

You can read all about CST here

CST letters' forum group thread

https://forums.moneysavingexpert.com/discussion/6166004/cst-letters-forum-group-thread/p1

So, as Morrisons are in a retail park, they will know who their landlord (landowner) is.  You now contact the landowner with your complaint pointing out what you read on here which is factual.  Smart parking have history as a rogue trader. BUT ... Smart are NOT smart and come to that nor are CST Law.
You now want the landowner to tell Smart to cancel.

If you feel the need, you can reply to CST asking them questions that they have never replied to
1: A copy of the parking ticket that shows a charge of £170
2: A signed contract from DRP with your dad that the debt belongs to them.

You then complain to your MP about the false claims by CSTLaw and ask your MP to refer this to the SRA.

Tell your dad this is nothing to worry about. You can write the letters but your dad must sign them

And that is your homework for the moment.  Keep tuned in as others will add comments

DO NOT THINK ABOUT PAYING A SCAM

Franticday

patient_dream said:

Franticday said:

I contacted Morrison’s but as the supermarket is on a small retail park with 5 other stores they said there was nothing they could do!

My dads V5C is up to date I imagine it’s more likely that my mum has disposed of any previous letters as she has done this before, we now have a new ‘system’ in place for post.
This letter is from CST LAW saying they have ‘been instructed by Debt Recovery Plus Limited as the agent of Smart Parking Ltd, in relation to the above debt’!

You are not alone with this rubbish from CST Law.  I have said the following so many times on this forum, it has become a bore for most of us.

1: DRP CANNOT INSTRUCT CST LAW as the so called debt does not belong to them. Only Smart can instruct a legal.  Parking companies CANNOT sell debts to DRP
2: CST and DRP ARE MATES and this is a blatant attempt to scam your dad and include their mates in the bounty collected.  DRP ARE A NOTHING and CST are lying to you
3: CST also lie about the parking ticket. There is no such thing as a £170 parking ticket .. IT'S A FAKE

CST tried this lark in Scotland last year with another parking company. The advice then was to contact your MP with a copy of the letter.  They must have sent out thousands of these letters sent out,much the same as the letter you received and it STOPPED and CSTLaw who trade as CREDIT STYLE were reported to the SRA. The Solicitors Regulation Authority

You can read all about CST here

CST letters' forum group thread

https://forums.moneysavingexpert.com/discussion/6166004/cst-letters-forum-group-thread/p1

So, as Morrisons are in a retail park, they will know who their landlord (landowner) is.  You now contact the landowner with your complaint pointing out what you read on here which is factual.  Smart parking have history as a rogue trader. BUT ... Smart are NOT smart and come to that nor are CST Law.
You now want the landowner to tell Smart to cancel.

If you feel the need, you can reply to CST asking them questions that they have never replied to
1: A copy of the parking ticket that shows a charge of £170
2: A signed contract from DRP with your dad that the debt belongs to them.

You then complain to your MP about the false claims by CSTLaw and ask your MP to refer this to the SRA.

Tell your dad this is nothing to worry about. You can write the letters but your dad must sign them

And that is your homework for the moment.  Keep tuned in as others will add comments

DO NOT THINK ABOUT PAYING A SCAM

Thank you

I shall start on my new ‘project’ this afternoon lol!

Le_Kirk

Franticday said:

I contacted Morrisons but as the supermarket is on a small retail park with 5 other stores they said there was nothing they could do!

Well, somebody can, somebody instructed or contracted with the parking company; is there a sign on the retail area showing who owns it or who the agents are?  What is the name of the retail park, we may have come across it before.

Franticday

Le_Kirk said:

Franticday said:

I contacted Morrisons but as the supermarket is on a small retail park with 5 other stores they said there was nothing they could do!

Well, somebody can, somebody instructed or contracted with the parking company; is there a sign on the retail area showing who owns it or who the agents are?  What is the name of the retail park, we may have come across it before.

I’ll pop down there this week and have a look on the signs. It’s the Waterglade retail park in Clacton on Sea, Essex.

D_P_Dance

I have just received a letter for unpaid parking charge for£170,

They have added what appears to be an extra unlawful amount of £70 for debt collection.

This amounts to double recovery and Judges all over the country are dismissing these spurious additions. Indeed some judges have dismissed entire claims because of this. Read this and complain to Trading Standards and your MP,

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V%20Excel%20v%20Wilkinson.pdf?dl=0

However, VCS appealed this so it may not apply in all cases, read this

https://www.dropbox.com/s/ntksx9g7177ahyg/VCS v Percy v1 Amendments (2).pdf?dl=0Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

Also consider complaining to The SRA about the solicitor, if one is involved They are fully aware of the unlawful nature of most of thse additions yet persist in adding them..

https://www.sra.org.uk/consumers/problems/

Coupon-mad

I think he will need to pay it for his own peace of mind.

No he won't!

But do an email on his name with proof of the passenger's disability (blue badge or not) and mentioning the age and mobility/cognitive slowness, telling the PPC that a disabled person requires more time (by law) in retail parks so why don't their signs offer a way to claim it?:

http://news.bbc.co.uk/1/hi/uk/8488737.stm

An old 2010 article but the law is even more robust now.

The Equality Act 2010 replaced the DDA and the EA includes statutory duties on Service Providers (includes Parking firms and managing agents and retailers!).

One example given in the applicable EHRC statutory Code of Practice for Service Providers about their EA duties (the example about tours) demonstrates the requirement to relax fixed time period policies for disabled persons who need longer to do the same thing.

Anyway, send that BBC article and the same question - why do you fail to offer a way for disabled visitors to claim more time? - to the retail park agents (Google the place, dead easy to find who sells the shop units there).

FINALLY in these comms - in your Dad's name not yours, not you writing 'on behalf of' Dad - finish by saying they must either reply by email (give your own email address) or use the following address for service of letters and must erase the DVLA address which is not to be used AT ALL, in order to spare the passenger's confusion if she opens letters (she is his wife and has Alzheimer's):

GIVE YOUR POSTAL ADDRESS

Then in conclusion, ask how he can have their car added to the retail park's white list to ensure they are never illegally 'fined' for overstaying again?

That way he won't see the reply and you can genuinely tell him you are dealing with it snd will let him know once it is cancelled.

Make sure the resolution includes adding their car to the site's white list.  If not offered despite 'him' asking, follow that up when this PCN is cancelled.

Is their car registered to the right address?  Check the V5C as that could explain the missing letters.

D_P_Dance

If you pay a PPC's scam invoice you are possibly funding orgasnised crime.    Do you really wish to fund modern slavery and people smugglers?